WVC 61 - 8 - 29
§61-8-29. Criminal loitering by persons on supervised release.
(a) Any person serving a period of supervised release of ten
years or more pursuant to the provision of section twenty-six,
article twelve, chapter sixty-two of this code who loiters within
one thousand feet of the property line of the residence or
workplace of a victim of a sexually violent offense for which the
person was convicted shall be guilty of a misdemeanor and, upon
conviction thereof, shall be confined in jail for not more than
thirty days.
(b) Any person serving a period of supervised release of ten
years or more pursuant to the provisions of section twenty-six,
article twelve, chapter sixty-two of this code for an offense where
the victim was a minor who loiters within one thousand feet of the
property line of a facility or business the principal purpose of
which is the education, entertainment or care of minor children,
playground, athletic facility or school bus stop shall be guilty of
a misdemeanor and, upon conviction thereof, shall be confined in
jail for a period of not more than thirty days.
(c) A person does not violate the provisions of subsection (a)
or (b) of this section unless he or she has previously been asked
to leave the proscribed location by an authorized person and
thereafter refuses to leave or leaves and thereafter returns to the
proscribed location.
(d) As used in this section:
(1) "Authorized person" means:
(A) A law-enforcement officer acting in his or her official
capacity;
(B) A security officer employed by a business or facility to
protect persons or property acting in his or her employment
capacity;
(C) An owner, manager or employee of a facility or business
having a principal purpose the caring for, education or
entertainment of minors;
(D) A victim or parent, guardian or lawful temporary or
permanent custodian thereof;
(E) An employee of a county Board of Education acting in his
or her employment capacity.
(2) "Facility or business, the principal purpose of which is
the education, entertainment or care of minor children" means:
(A) A pre-school, primary, intermediate, middle or high
school, either public or private;
(B) A childcare facility;
(C) A park;
(D) An athletic facility used by minors;
(E) A school bus stop.
(3) "Loitering" means to enter or remain on property while
having no legitimate purpose or, if a legitimate purpose exists,
remaining on that property beyond the time necessary to fulfill
that purpose.
(e) Nothing in this section shall be construed to prohibit or limit a person's presence within one thousand feet of a location or
facility referenced in this section if the person is there present
for the purposes of supervision, counseling or other activity in
which the person is directed to participate as a condition of
supervision or where the person has the express permission of his
supervising officer to be present.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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